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HomeMy WebLinkAbout06/05/2008 CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 5th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and LaComb. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Recreation Supervisor Bird, Associate City Planner Dykes, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Public Works Director Blommel Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Human Resources Manager Strauss, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, moving item 5.D – Side Yard Setback Variance at 929 Duchess Lane to the consent agenda, and approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of May 22, 2008, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 2 MOTION: of Goodwin, seconded by Bergman, approving issuance of a new Off-Sale 3.2 Percent Malt Liquor License to Piston Pete’s, LLC, d/b/a Andy’s Market, at 14113 Galaxie Avenue, as described in the City Clerk’s memo dated June 2, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-99 MOTION: of Goodwin, seconded by Bergman, adopting amending the On-Sale and Special License for H.O.C. Inc., d/b/a Rascal’s - Apple Valley Bar and Grill, at 7721 147th Street W., to include as licensed premises the expanded outdoor seating area, identified on Exhibit A, as part of the licensed premises. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the License Agreement with St. Paul Growers Association for a Farmers Market at the Apple Valley Municipal Center parking lot on Saturdays from June 21, 2008, through October 25, 2008, from 8:00 a.m. to 1:00 p.m., and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the permit to move an overweight structure on City streets between 12:00 a.m. and 4:00 a.m. on June 13 and June 14, 2008, as described on the permit attached to the Building Official’s memo dated May 23, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with the City of St. Paul for Public Safety Related to 2008 Republican National Convention, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2008-100 MOTION: of Goodwin, seconded by Bergman, adopting approving and levying 2008 Special Assessment Roll No. 574, delinquent mowing/snow removal charges, on parcel 01-16402-010-01, in the total amount of $88.29. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, tabling consideration of 2008 Special Assessment Roll No. 567, Embry Estates Improvements, in the total amount of $1,044,785.00, until June 26, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, continuing consideration of vacation of easements on Lot 1, Block 1, Chateau Estates, Sixth Addition (13599 Harwell Path) to June 26, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing staff to pursue the necessary easements for construction of Project 08-387, Lift Station No. 1 Replacement. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 3 Resolution No. 2008-101 MOTION: of Goodwin, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary report for Project 08-400, Upper 147th Street West Extension. Ayes - 4 - Nays - 0. Resolution No. 2008-102 MOTION: of Goodwin, seconded by Bergman, adopting awarding the contract for Project 08-383, Apple Valley Family Aquatic Center Expansion, to C.M. Construction Company, Inc., the lowest responsible bidder, in the amount of $3,738,906.00. Ayes - 4 - Nays - 0. Resolution No. 2008-103 MOTION: of Goodwin, seconded by Bergman, adopting awarding the contract for Projects 05-292, Scout Pond, and 07-379, 120th Street Storm Sewer Improvements, to Friedges Contracting Company, the lowest responsible bidder, in the amount of $147,493.60. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Waldor Pump & Equipment Company, for Water Treatment Plant Sludge and Recycle Pump, in the amount of $586.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Enebak Construction, for Project 07-365, Cobblestone Lake Trails and Regional Infiltration, in the amount of $61,743.18, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of $0.00, to extend the contract calendar by seven days, and authorizing the Assistant City Administrator to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Bench and Trash Can Millwork as final and authorizing final payment on the agreement with Apple Valley Aluminum, Inc., in the amount of $9,141.40. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Sealing Decorative Concrete and Block Retaining Walls as final and authorizing final payment on the agreement with Budget Sandblasting & Painting, Inc., in the amount of $7,200.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the hiring of full time, part time, fire, seasonal employees, and the resignation of an employee, as listed in the personnel report dated June 5, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a 5- foot side yard setback variance to allow for the conversion of an existing single stall garage into living space on CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 4 Lot 19. Block 10, Apple Valley 4th Addition (929 Duchess Lane), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA 2008 APPLE VALLEY FREEDOM DAYS Mr. Randy Johnson introduced Apple Valley Freedom Days Committee Chair Pat Schesso and City liaison Bill Bird. He stated preparation for Freedom Days is a team effort which includes various departments of the City such as Police, Fire, Public Works, and Parks and Recreation. Ms. Schesso and Mr. Bird presented the various activities planned for the 42nd Annual Apple Valley 4th of July Celebration. The schedule of events begins with a Battle of the Bands at the Teen Center on June 26. There are several events scheduled throughout the week including the popular Dancin' & Cruisin' at Bogart's Place, an adapted dance for kids in grades 6-12, voyageur canoe family outing, music in the park, kids fishing derby, Cub Foods family fun night, pony rides and petting zoo, fun run, and a parade on the 4th of July, beginning at 1:00 p.m. Fireworks will close the evening at Johnny Cake Ridge Park East. Mr. Johnson reminded residents that items cannot be placed along the parade route more than 24 hours before the parade. Mayor Hamann-Roland thanked the Freedom Days Committee and many volunteers for their efforts in coordinating all the activities. She stated she believes it is one of the best 4th of July celebrations in the state. Resolution No. 2008-104 MOTION: of LaComb, seconded by Bergman, adopting proclaiming July 4, 2008, as “The 42nd Annual Apple Valley 4th of July Freedom Days Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving celebration activities and street closures for the parade, beginning at 11:00 a.m., as requested in the Recreation Supervisor's memo dated May 29, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-105 MOTION: of Goodwin, seconded by LaComb, adopting establishing temporary parking restrictions for the Freedom Days Parade beginning at 6:00 p.m. on July 3, 2008, and ending at 1:00 p.m. on July 4, 2008. Ayes - 4 - Nays - 0. RED ROBIN ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Red Robin International, Inc., d/b/a Red Robin America’s Gourmet Burgers and Spirits for On-Sale Liquor and Special License for Sunday Liquor CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 5 Sales as described in her memo dated June 2, 2008, and noted receipt of the affidavit of publication of the hearing notice. The restaurant is located at 15560 Cedar Avenue and the reason for the new license is a change in corporate ownership. The General Manager and staff will remain the same. No alterations have been made to the restaurant which seats approximately 200 people. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. Mayor Hamann-Roland called the public hearing to order at 8:21 p.m. to consider the application by Red Robin International, Inc., d/b/a Red Robin America’s Gourmet Burgers and Spirits, for On-Sale Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:22 p.m. Resolution No. 2008-106 MOTION: of Goodwin,, seconded by Bergman, adopting approving issuance of 2008 "On-Sale Liquor" and "Special License for Sunday Liquor Sales" to Red Robin International, Inc., d/b/a Red Robin America’s Gourmet Burgers and Spirits, for premises located at 15560 Cedar Avenue. Ayes - 4 - Nays - 0. PANINO BROTHERS CUP AND EXPANDED PREMISES FOR LIQUOR LICENSE Mr. Lovelace reviewed the application by UASANDERS, LLC, d/b/a Panino Brothers for a Conditional Use Permit for outdoor seating in conjunction with a restaurant located at 7083 153rd Street W., which is in the first floor of the Grandstay Hotel. The outside cafe is defined by a wrought iron fence and will seat approximately 26 people. The Planning Commission reviewed this item on June 4, 2008, and recommended approval with conditions, including restricted hours and that the area be designated “no smoking”. Mayor Hamann-Roland asked if Panino Brothers will also be placing seats along the south side of the building. Mr. Lovelace said the petitioner originally requested seating along that side of the building, but with the requirements of demarcation for liquor operations, it was decided to confine the seating on the west side of the building. Resolution No. 2008-107 MOTION: of Bergman, seconded by Goodwin, adopting approving a Conditional Use Permit for outdoor seating in conjunction with a restaurant located on Lot 2, Block 2, Village at Founders Circle (7083 153rd Street W.), subject to conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2008-108 MOTION: of LaComb, seconded by Goodwin, adopting amending the On-Sale Liquor and Special License for Sunday Liquor Sales issued to UASANDERS, LLC, d/b/a Panino Brothers, at 7083 153rd Street W., to include CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 6 the approximately 1,000 square foot outdoor patio area, on the west side of the building, identified on Exhibit A, as licensed premises for the sale of liquor. Ayes - 4 - Nays - 0. COBBLESTONE SOUTH SHORE 3RD ADDITION Mr. Lovelace reviewed the request for an ordinance amendment creating uses, area requirements, and performance standards for PD-703, Zone 2A; direction to staff to prepare a planned development ordinance agreement; and approval of Cobblestone Lake South Shore 3rd Addition final plat and subdivision agreement. The 9.05 acre site is located at the southeast corner of Cobblestone Lake Parkway and Elm Creek Lane. The plat consists of 43 single family residential lots and 3 outlots. The ordinance amendments for Zone 2A are minor and include setbacks along a 160th Street to accommodate a principal arterial roadway. Ryland Homes will be the builder. Mr. Lovelace reviewed some of the home designs, which will be similar in style to the existing homes. MOTION: of Goodwin, seconded by LaComb, waiving the procedure for a second reading Ordinance No. 838 and passing amending PD-703, creating uses, area requirements, and performance standards for Zone 2A. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, directing the City Attorney to prepare a planned development ordinance agreement. Ayes - 4 - Nays - 0. Resolution No. 2008-109 MOTION: of Bergman, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Cobblestone lake South Shore 3rd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. SOLNER ADDITION Mr. Lovelace reviewed the request to purchase drainage and utility easements on Lots 22 and 23, Knottywoods, and final plat approval for Solner Addition. The petitioners own two lots, 5481 and 5491 134th Street W., abutting Long Lake. Single family homes currently occupy both lots. The final plat will combine the lots. The petitioners intend to demolish both homes and build a new home on the new lot. If the final plat is approved, it would be held for recording until such time as one home is demolished so it would not be in violation of the City Code. MOTION: of Goodwin, seconded by Bergman, approving the Ponding Easement Agreement for Lots 22 and 23, Knottywoods, and vacated right-of-way, and authorizing payment of $16,116.30 to David and Corrine Solner, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2008-110 MOTION: of LaComb, seconded by Bergman, adopting approving the final plat for Solner Addition, subject to the condition that the final plat shall be CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 7 released for recording by Dakota County after confirmation that one dwelling unit on the property has been properly demolished in accordance with applicable ordinances and statutes, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. PAIDEIA ACADAMY PLAYGROUND Ms. Dykes reviewed the request by Paideia Academy for site plan/building permit authorization for removal of 19 parking spaces and construction of a 23’ by 43’ playground structure at Paideia Academy, located at 147th Street W. The playground structure will be constructed on the northeast portion of the site, and a 5-foot tall decorative fence will be placed along the east, north, and west sides of the playground. Ms. Dykes then reviewed the parking requirements. The site has cross-parking, cross-access easement agreements with Bogart’s/Apple Place and Merchant Bank. The Planning Commission reviewed this item on May 21, 2008, and voted unanimously to recommend approval. Councilmember Bergman thanked the students for the drawings sent to the Council. He recommended using the rubber mulch under the playground equipment. He then inquired if patrons from Bogart’s might be attracted to the playground in the evening. Mayor Hamann-Roland asked if there were any plans to secure the site. Mr. Larry Poppler, Paideia parent, and Ms. Jill Godtland, Paideia Academy Director, were present. They stated they had contemplated installing a fence on the south side of the playground. Councilmember Bergman said he does not like the idea of caging in the playground. Police Chief Johnson stated the Police Department will monitor the situation. Councilmember LaComb stated she has a concern over the loss of 19 parking spaces. She commented about the difficulty of entering and exiting that general area from 147th Street, and the congestion associated with dropping off and picking up the children. Ms. Jill Godtland responded that the school has recently changed its procedures, which has helped traffic flow. She offered that it may be helpful to stager pickup times. Ms. Dykes said although this matter is typically a private one, staff can work with the petitioner to monitor traffic patterns. She also stated the maximum enrollment for the school is 380. Councilmember Goodwin asked if the number of parking spaces remaining after 19 spaces are removed will still meet the ordinance requirements. Ms. Dykes said yes. CITY OF APPLE VALLEY Dakota County, Minnesota June 5, 2008 Page 8 Resolution No. 2008-111 MOTION: of Goodwin, seconded by LaComb, adopting approving the removal of 19 parking spaces and the construction of a 35’ x 55’ playground area to accommodate a 23’ x 43’ playground structure on Lot 2, Block 7, Apple Valley Commercial Addition (7200 147th Street W.), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. SPECIAL INFORMAL MEETINGS MOTION: of LaComb, seconded by Bergman, setting a special informal City Council meeting, at 6:00 p.m., on June 26, 2008, at the Municipal Center, for the purpose of reviewing the Draft 2030 Comprehensive Plan with the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, setting a special informal City Council meeting, at 3:00 p.m., on June 17, 2008, at the Municipal Center, for the purpose of interviewing candidates for the Public Works Director position. Ayes - 4 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk’s memo dated June 2, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of LaComb, seconded by Goodwin, to pay the claims and bills, check registers dated May 28, 2008, in the amount of $8,770,365.84; and June 4, 2008, in the amount of $8,579,225.76. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:59 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 6-26-08 .